This Path Leads to Condo Controversy

A resident had a path made of pavers installed by the condo developer. This path was installed without knowledge or permission of the Board of Directors. In our complex, it is the only such path and does not conform to the overall uniform appearance of other units. Is this path allowable? Can the Board ask that it be removed?

Mister Condo replies:

O.F., I guess it depends on exactly when the path was installed and what the status of the Board was with regards to the property when it was installed. Since you used the word “developer” in your question, I will assume that the unit in question was under developer control at the time of the installation and that the unit was not part of the association at the time of construction. This is quite common in condo associations that grow in phases. For instance Phase I and Phase II are complete and Phase III, where this unit is located is still under construction. In this case, while not common, the developer may have made a concession to the unit purchaser to install this paver path. Depending on how the sales document is worded, the path may be owned by the unit owner or become part of the common elements of the association when the developer transition phase of this project hits. At that time, the association would either accept or reject the developer’s proposal that the association take over that phase of the condo, inclusive of this paver path. In all likelihood, the association would take on the new construction and the path would become common property even though it only seems to benefit this one owner.

However, if this is not the case and a unit owner has taken it upon himself to install a path on association property, the Board can simply order it removed, at the homeowner’s expense. Hope that helps.

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